Solidarity and community interests : : driving forces for the interpretation and development of international law / / Rüdiger Wolfrum.

• Superior document: The Pocket Books of the Hague Academy of International Law / les Livres de Poche de l'Académie de Droit International de la Haye
• VerfasserIn: Wolfrum, Rüdiger,
• Place / Publishing House: Leiden, Netherlands : : Brill Nijhoff,, [2021]; ©2021
• Year of Publication: 2021
• Language: English
• Series: The Pocket Books of the Hague Academy of International Law / les Livres de Poche de l'Académie de Droit International de la Haye
• Physical Description: 1 online resource (688 pages)

Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.

Table of Contents

Basis of the International Normative Order -- Traditional Actors in International Relations -- Traditional Sources of International Law : Potential and/or Limits for a Progressive Development on the Basis of the Acknowledgement of Community Interests and the Principle of Solidarity -- Particularly Featured International Law -- International Law Reflecting the Principle of Solidarity -- Influence of Community Interests and Solidarity on the Interpretation and Further Development of International Norms -- Compliance and Compliance Control Concerning International Regimes Serving Community Interests and/or Being Guided by the Principle of Solidarity -- Enforcing Compliance by Confrontational Means -- Enforcement by Non-Confrontational Means -- Particularities for the Enforcement of Regimes Based upon the Principle of Solidarity or Influenced by that Regime -- Influence of Community Interests and the Principle of Solidarity (or Lack Thereof) on the Organisation and Procedure of International Dispute Settlement Systems -- Alternative Fora or Means for Third Party Dispute Settlement to Accommodate Community Interest -- Conclusions and De Lege Ferenda Observations Concerning Dispute Settlement Systems.